How to File as an “Interested Person” in a DEA Scheduling or Rescheduling Proceeding

See previously on WeedPress: The Master Definition That Quietly Gave The Public Standing Against the DEA

The DEA does not decide who has standing in federal drug rulemaking.

The regulation does.

And under 21 C.F.R. § 1300.01(b), the public has a formal legal doorway into DEA scheduling proceedings:

“Interested person means any person adversely affected or aggrieved by any rule or proposed rule issuable pursuant to section 201 of the Act (21 U.S.C. 811).”

If you are harmed — or likely to be harmed — by a DEA rule, you have legal standing.

And that standing unlocks real procedural power.

Here is how it works.

Step One: Identify the Rule Affecting You

The DEA must publish every proposed scheduling or rescheduling action in the Federal Register.

These include:

• scheduling a substance

• rescheduling marijuana

• restricting derivatives

• banning new analogs

• expanding enforcement definitions

If the proposal touches your business, livelihood, research, access, or economic interests — you qualify.

Step Two: Document How You Are Adversely Affected

You do not need a lawyer to qualify.

You need to show:

• economic harm

• compliance burdens

• access restrictions

• operational interference

• business losses

• increased legal exposure

Real-world impact = legal standing.

Step Three: File as an Interested Person

When a DEA scheduling rule is proposed, the notice always contains a procedural participation section.

It tells interested persons how to:

• submit comments

• request a hearing

• state their interest

• file objections

This filing creates your legal status in the record.

Once you file, DEA must treat you as a party — not a spectator.

Step Four: What You Can Do Once You’re In

As an interested person, you can:

• submit sworn statements

• demand factual records

• challenge scientific findings

• force agency responses

• preserve judicial review rights

• expose constitutional conflicts

This is how pharmaceutical manufacturers block DEA enforcement.

Now it applies to hemp and cannabis markets nationwide.

Step Five: Why This Changes the Game

You do not need Congress.

You do not need lobbyists.

You do not need a million-dollar legal budget.

You only need standing.

And federal law already gave it to you.

Final Thought

DEA rulemaking was never meant to be a closed system.

It was meant to be checked by the people affected by it.

That door has been open the entire time.

The public is just now learning where it is.

Here’s a template to file with DEA to get this done:

Interested Person Hearing Request Template

(DEA Scheduling / Rescheduling Proceedings)

For use in DEA rulemaking proceedings under 21 U.S.C. § 811 and 21 C.F.R. Part 1300

To:

Drug Enforcement Administration

Office of Diversion Control

8701 Morrissette Drive

Springfield, VA 22152

(or via the Federal Register docket portal listed in the rule notice)

RE: Interested Person Request for Hearing

Docket No.: __________________________

Rule Title: __________________________

Federal Register Citation: __________________________

I. Identity of Interested Person

My name is:

Name: __________________________________

Business / Organization (if applicable): __________________________________

Address: __________________________________

City, State, ZIP: __________________________________

Email: __________________________________

Phone: __________________________________

I submit this filing as an interested person pursuant to 21 C.F.R. § 1300.01(b).

II. Statement of Legal Standing

Under 21 C.F.R. § 1300.01(b), an interested person is:

“Any person adversely affected or aggrieved by any rule or proposed rule issuable pursuant to section 201 of the Act (21 U.S.C. 811).”

The referenced DEA rule adversely affects or aggrieves me because:

(Describe economic harm, operational restrictions, legal exposure, access limitations, compliance burdens, or loss of livelihood.)

III. Request for Hearing

Pursuant to 21 U.S.C. § 811(a) and 21 C.F.R. Part 1300, I hereby formally request a hearing on the above-referenced rule.

This request is made to preserve my procedural rights, evidentiary rights, and judicial review rights.

IV. Issues Presented

The proposed rule raises serious legal and factual issues, including but not limited to:

• Conflicts with federal statutory authority

• Conflicts with the Farm Bill and interstate commerce protections

• Constitutional due-process concerns

• Scientific insufficiency

• Arbitrary and capricious rulemaking

• Economic harm to lawful commerce

Further detail will be submitted in evidentiary filings.

V. Relief Requested

I respectfully request:

• Formal administrative hearing

• Full evidentiary proceedings

• Creation of a public administrative record

• Suspension of enforcement pending review

• Consideration of constitutional and statutory conflicts

VI. Certification

I certify that the foregoing statements are true and correct to the best of my knowledge.

Signature: __________________________

Printed Name: __________________________

Date: __________________________

Below is a similar filing tool, but for comments only and not a hearing:

Interested Person Public Comment Template

(DEA Scheduling / Rescheduling Proceedings)

For use in DEA rulemaking proceedings under 21 U.S.C. § 811 and 21 C.F.R. Part 1300

To:

Drug Enforcement Administration

(Submit via the Federal Register docket portal listed in the rule notice)

RE: Interested Person Statement of Position

Docket No.: __________________________

Rule Title: __________________________

Federal Register Citation: __________________________

I. Identity of Interested Person

My name is:

Name: __________________________________

Business / Organization (if applicable): __________________________________

City and State: __________________________________

Email: __________________________________

I submit this filing as an interested person under 21 C.F.R. § 1300.01(b).

II. Statement of Standing

Under 21 C.F.R. § 1300.01(b), an interested person is:

“Any person adversely affected or aggrieved by any rule or proposed rule issuable pursuant to 21 U.S.C. 811.”

This proposed rule adversely affects or aggrieves me because:

(Describe how your rights, access, business, research, or livelihood are harmed or threatened.)

III. Statement of Position

I object to the proposed rule for the following reasons:

(Scientific, legal, economic, constitutional, or practical concerns.)

IV. Requested Action

I respectfully request that the DEA:

• Withdraw or substantially revise the proposed rule

• Address constitutional and statutory conflicts

• Protect lawful interstate commerce

• Preserve due-process and reliance interests

V. Certification

I certify that the foregoing statements are true and correct.

Signature: __________________________

Printed Name: __________________________

Date: __________________________

Why This One Is Powerful

Unlike hearings, this filing can be used by thousands of people simultaneously to create a formal administrative record.

This is exactly how federal agencies get boxed in legally